Raushan Kumar @ Sonu Srivastav @ Sonu Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Raushan Kumar @ Sonu Srivastav @ Sonu Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail to the petitioner: upon arrest/surrender within six weeks in connection with Kanti P.S. Case No. 56 of 2023, release on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional District Judge-XVII, Muzaffarpur, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Kanti P.S. Case No. 56 of 2023 instituted under Sections 363 and 366(A) of the Indian Penal Code, is entitled to be released on anticipatory bail.

Court's answer

In the event of the petitioner's arrest or surrender within six weeks, in connection with Kanti P.S. Case No. 56 of 2023, he shall be released on anticipatory bail.

Ratio / Principle

The anticipatory bail is upon furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional District Judge-XVII, Muzaffarpur, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — Section 438 Cr.P.C. — Petitioner apprehending arrest in Kanti P.S. Case No. 56 of 2023 dated 26.01.2023, instituted under Sections 363 and 366(A) IPC (alleged kidnapping of the informant's daughter who left home for coaching and did not return; informant suspected kidnapping by the accused persons). Counsel for the petitioner submitted that the victim was recovered with one Pankaj Kumar; her Section 164 Cr.P.C. statement records that she, aged about 19 years, stated she had married Pankaj Kumar and was residing with him; no specific role was attributed to the petitioner, who was allegedly implicated only as a friend of Pankaj Kumar; co-accused Vicky Kumar, Vikash Kumar, Bittu Kumar (Criminal Miscellaneous No. 69794 of 2023) and Shekhar Kumar (Criminal Miscellaneous No. 42450 of 2024) had already been granted anticipatory bail by coordinate Benches; petitioner has no criminal antecedent. Learned A.P.P. opposed the prayer. Held: in the event of arrest or surrender of the petitioner within six weeks, in connection with Kanti P.S. Case No. 56 of 2023, he shall be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional District Judge-XVII, Muzaffarpur, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J.).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19080 of 2025

Arising Out of PS. Case No.-56 Year-2023 Thana- KANTI District- Muzaffarpur

======================================================

Raushan Kumar @ Sonu Srivastav @ Sonu Son of Dipak Kumar Verma @ Dipak Verma Resident of Kanti, P.S.- Kanti, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Aditi Medha, Adv. For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 16-04-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kanti P.S. Case No. 56 of 2023 dated 26.01.2023, instituted for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code.

3. The prosecution case, in short, is that the daughter of the informant left the house for coaching and thereafter did not return. The informant further alleged that earlier the accused persons including the petitioner had threatened the informant and for which a case was registered. The informant suspects that the accused persons have kidnapped her daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.19080 of 2025(2) dt.16-04-2025 2/3

case. It is submitted that the victim has been recovered with one Pankaj Kumar and the statement of the victim has been recorded under Section 164 Cr.P.C.. It is also submitted that the victim girl is aged about 19 years, who clearly stated that she has married to one Pankaj Kumar and is residing with him. It is submitted that nowhere there is any allegation against the petitioner and there is no role of the petitioner in the said occurrence. The allegation against all the accused persons is only to harass them. It is submitted that only because the petitioner happens to be friend of Pankaj Kumar, he has been made accused in this case. It is further submitted that other coaccused persons, namely, Vicky Kumar, Vikash Kumar and Bittu Kumar have been granted anticipatory bail vide Criminal Miscellaneous No. 69794 of 2023 and other co-accused, namely, Shekhar Kumar has been granted anticipatory bail vide Criminal Miscellaneous No. 42450 of 2024 by different co-ordinate Benches of this Court. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.19080 of 2025(2) dt.16-04-2025 3/3

the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kanti P.S. Case No. 56 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-XVII, Muzaffarpur, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J)

prabhat/-

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